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HomeMy WebLinkAbout18666 ORD - 01/29/1985AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF. River View Trail, from Smith Drive to River Forest Drive; AND DECLARING AN EMERGENCY. improve theHhereinafterCnamed st eet(s) within the Citt necesrto permanently p y of Corpusary Christi 104105 CHRISTI NOW, , TE%AS THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the following street(s) shall be improved by the raising, grading, filling, widening, paving, repaving, or repairing same, by the construction, reconstruction, repairing or realigning concrete sidewalks, curbs, gutters and driveways where the City Engineer determines adequate sidewalks, curbs, gutters and driveways are not now installed on proper grade and line, and e by constructing such stoma s end drains, together with all other incidentals and appurtenances, allas deemed adequate by the City Engineer and s provided for in the plans and specifications for such improvements, said street(s) to be paved and curbs and gutters installed as shown on the plans and specifications for such Improvements on file in the office of the City Engineer River View Trail, from Smith Drive to River Forest Drive, SECTION 2. That the cost of said improvements shall be assessed against property and paid for as follows, to -wit' A. Impro ements - Street shall contain a pavedrface, plus two feet (2') of curb and gutter section oneach side, a minimum of four -foot (4') wide sidewalk on each side, or wider where needed, plus driveways as needed The paved surface shall be as determined by the Department of Engineering and Physical Development. B. Assessment Rates - Property owners abutting on each side of the street shall be assessed on the front foot basis as follows 1 Ninety percent (90%) of cost of improvements relating to pavement for one-half of the street abutting property. Such improvements shall i clude e c v tion, caliche base, shell base, lime stabilized base, asphalt oil,sphalt surface or concrete, and include eight percent (B o %) f construction costs for engineering. In calculating this rate, credit shall be given to the abutting owners for an assumed 1B -foot wide section of pavement which will be an assumed 9 feet abutting such property, where pavement exists. Where such 9 -foot wide section of pavement or portion thereof exists, 18666 the same shall be credited to the abutting owner only in the event such pavement exits between the centerline of the original right-of-way dedication and the abutting property line of the property to be assessed Where such 18 -foot section of pavement or portionthereof does n the abutting ow shall be assessed up to 90% of then actual cost of construction of such section, including engineering, regardless of any maximum rates established herein. The absence of a paved all-weather road will imply totally new construction to lieu of reconstruction. 2. One hundred percent (100%) of cost of c nstruction of curb and gutters, plus eight percent (8%) of construction costs for engineering. 3. Eighty percent (80%) of cost of construction of sidewalk plus eight percent (8%) of construction for engineering. 4 One hundred percent (100%) of cost of construction of driveways, plus eight percent (8%) of construction casts for engineering. The above method shall be used regardless of depth and shape of lot and any peculiar characteristics, Subject, however, to a finding by the City Council of inequality or injustice and corresponding adjustment. L Assessment Policy - General. Credit shall be given for existing curbs, gutters, sidewalks and driveways, if they meet the standards of the City of Corpus Christi at the time of construction, and for the amount shown to have been previously spent for permanent type pavement by the abutting property owner, in excess of the 9 -foot wide pavement credit abutting the property as described above. Where such credits are given they 111 be based o a 30 year life for curb and gutter, sidewalks and driveways (i.e. prorate credits). No credit will be given far such improvements which have been in service in excess of 30 years. 1. Property which sides along the street being improved shall be a sessed at the rate computed above including driveways. s 2. Property backing onto a street being improved will be assessed the same rate a above except 1f access i5 prohibited, then the rate will be reduced by 50%. 3. The sidewalk rate shall be a maximum of $1.00 per square foot. 4. Where it becomes netessary to construct a header curb along the property line of commercially used properties to prevent vehicles from parking, backing or turning on the sidewalk, or to construct retaining wall to provide lateral support for abutting property, such header curb or retaining wall will be 100% assessed, plus 8% of construction costs for engineering, against such abutting property. When the City Council finds that the property being assessed meets the following criteria, a special rate will be established as indicated below. a. The property is platted and used for one or two-family residential use. and b. The property is zoned R -1A or R-18 and contains a maximum gf ane single-family dwelling, or c. The property is zoned R-2 and contains no more than two one -family dwellings or one two-family dwelling d. The property s owned by and used far church, parish hall, temple, convent or monastery purposes e. The property is owned by a college, orschool, both public ornonprofit private, and is in use for such college or school purposes at the time of assessment. The a ent rate on properties meeting the above criteria shall not teed 09.75 per linear foot for curb, gutter and pavement and 01.00 per square foot for sidewalks. Driveways shall be assessed at 100% of cost. Property n siding o assessed being improved shall be a ssed not exceeding 50% of the rate for curb, gutter, pavement and sidewalk, the determination of siding will be dependent upon the actual location of improvements on the property. Driveways shall be excluded from this provision. Property backing on the street being improved shall not bess d for curb, gutter and pavement unless driveway access is allowed, then the $e property will be assessed 50% of the residential fronting rate for curb, gutter and pavement, and 50% of the residential rate for sidewalks except that where sidewalk exists in front of the property there will be no sidewalk assessment. Drivewayaccess shall be prohibited where the City Traffic Engineer determines thattraffic, pedestrian or other conditions render the construction of driveways unsafe orcontrary to the public interest, or where such restriction Is placed on the approved plat of said property If property being assessed 1s over 250 feet In dept, the assessment rate shall be the same as ifthe property were fronting the street. table Assessment rates per this ordinance are summarized in the following SUMMARY OF ASSESSMENT RATES Maximum Maximum Maximum Fronting Rate Siding Rate Sacking Rate PROPERTY PLATTED AND USED FOR 0-18, R-113, or R-2 as described herein a) Curb, gutter and b) Sidewalknt c) Driveway d) Header Curb $9.75 L F. $4.58 L.F. *0% min. -50% max. 1.00 S.F. 0.50 S.F. *00 min. -50% max. 100% of bid price 100% of bid price 100% of bid price 100% of bid price 100% of bid price 100% of bid price PROPERTY NOT MEETING CRITERIA OR SPECIAL MT a) Curb, Gutter and Pavement 1Sidewalk Driveway Header curb $19.50 L F $19.50 L.F. *019 50 L F. 1.00 S.F 1 00 S.F. 1.00 S.F. 100% of bid price 100% of bid price 100% of bid price 100% of bid price 100% of bid price 100% of bid price except as provided elsewhere in this ordinance The above rates for curb and gutter and pavement only 3ppty if a paved all-weather road exists at property at time of assessment. Where no all-weather road exists with asphalt or concrete surface, the rates as calculated under Section 1, paragraph B shallapply 0. Payment of Assessment. Any property owner against whom and against whose property assessment t has been leviedy pay the whole assessment chargeable to him without interest within thirty (30) days after the acceptance and completion of said improvements. Any property owner may exercise the option by agreement to pay the cot as ssed in equal monthly installments not to e one hundred twenty (120) number, the first of which shall be payable within thirty (30) days from the date of completion of said improvements and their acceptance by the City of Corpus Christi, and one installment each month thereafter until paid, together with Interest thereon at the rate of eight percent (8%), with the provision that any of said installments may be paid at any time before maturity by the payment of the principal and accrued interest thereon. E. Reverting of Assessment Rates - Rates for assessments a indicated herein will not apply to properties abutting those streets not reconstructed a part of the program entitled "Voluntary Paving Program" approved in the General Referendum Bond Election held on November 8, 1977, and further described as Various Neighborhood Streets in Proposition No. 9 on the ballot for such referendum. For purposes of levying assessments against such properties abutting such Various Neighborhood Streets herewith identified as Balli Drive - Mediterranean Drive northerly to cul de sac, Main Drive from Leopard Street to Sedwick Street, and Houston Street from Kostoryz Street to Green Grove, said streets will 00 sssed using rates as established per Ordinance No 15779 passed and approved by the City Council an September 24, 1980. That no such assessments shall be made against any owner of abutting property, o of a street railway or steam railway, if any, until after the notice and hearing provided by law, and nos ment shall be made against an owner n of abutting property i of the benefits to such property in enhanced value thereof by meansof such improvements. For that part of the cost of the improvements that shall be determined to be levied against the owners of abutting property and their property shall be levied by a ment as herein provided, and said improvements y further be secured by Mechanic's Liens to be executed in favor of the City of Corpus Christi, provided by law in accordance with the terms and provisions of this ordinance. Paving certificates evidencing the after the notice and hearing provided by law, and noassessment shall be made against an owner of abutting property in excess of the benefits to such property in enhanced value thereof by means of such improvements For that part of the cost of the improvements that shall be determined to be levied against the owners of abutting property and their property shall be levied by assessment as herein provided, and said improvements may further be secured by Mechanic's Liens to be executed in favor of the City of Corpus Christi, provided by law in accordance with the terns and provisions of this ordinance. Paving certificates evidencing the assessment shall be Issued i favor of the City of Corpus Christi for the amount of the a ment,whether the property owners have executed Mechanic's Liens to secure the payment or not, and shall be payable for the purpose of financing paving improvement costs. That the City Engineer, in accordance with the above instructions, is hereby directed to coordinate the preparation of plans and specifications and file same with the City Council for the hereinabove described improvements. That in the specifications prepared, provision shall be made to require all contractors to maintain, for a tern not less than one year, all pavements and improvements hereinabove described, if, in the ,judgment of the City Council, it is deemed advisable to require same. That such specification shall require the bidder to make a bid upon the type of improvements above described, with maintenance requirements as herein provided. That the specifications shall also state the amount of the performance band and payment bond, each of which shall equal the amount of the bid, as well as the method by which it is proposed to pay the cost of said improvements, said method being in accordance with this ordinance. SECTION 3. That the City Council, in initiating this proceeding, is acting under the terms and provisions of the Act passed as the First Called Session of the Fortieth Legislature of the State of Texas and known a Chapter 106 of the Acts of said Session, together with any amendments thereto, now shown as Article 1105b of Vernon's Texas Civil Statutes, which said law, as n alternative method for the construction of street improvements in the City of Corpus Christi, Texas, has been adopted by the said City. SECTION 4 That after approval by the City Council of plans and specifications, bids shall be taken for the construction of the work for the type of construction enumerated above and set forth in said plans and specifications, and the work shall be done, with the materials and according to plans and methods selected by the City Council, after the bids are opened and contract awarded. SECTION 5. That it is further provided as is stipulated by the provisions of the Charter of the City of Corpus Christi, Texas, and the laws above identified, that said Improvements may be omitted in front of any property exempt from the lien of special assessment for street improvements without invalidating or affecting the assessments against the other property abutting upon said street. Further, theCity Secretary of the City of Corpus Christi, Texas, is hereby authorized and directed to prepare a notice in the narm of the said City of Corpus Christi of action taken herein and to have me filed by the County Clerk of Nueces County, Texas, among the Mortgage Records of said County SECTION 6. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take immediate action to preserve and protect public property by expediting the construction of public improvements, such finding of an emergency ismade and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or r es lutions at three regular meetings so that this ordinance is passed and shalltake effect upon first reading as n emergency measure this the 29th day of January, 1985. ATTEST APPROVED J. BRUCE By HAY; THE TY OF CORPUS CHRISTI, TEXAS OF JANUARY, 1985' CITY ATTORNEY Assi Ytknt City Attorney Corpus Christi, T xas .2ri4 day of , 1985 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the r set forth in the emergency clause of the foregoing ordinance or resolution, m an emergency existsrequiring suspension of the Charter rule as to consideration and voting upon ordinances or solutions at three regular meetings, I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, AY Council Members THE CIYY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the fallowing vote: Luther Jones Betty N. Turner David Berlanga, Sr Welder Brown Lea Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Ilary Pat Slavik 18666 9011971 iutt12029 THE STATE OF TEXAS 4 COUNTY OF NUECES 4 422741 NOTICE KNOW ALL MEN BY THESE PRESENTS. That the City of Corpus Christi, acting by and through its duly elected and constituted City Council, on the 29th day of January 29, 1985, by Ordinance No. 18666 determined the necessity for and ordered the improvement of _ _ a portion of the following street. River 8100 Trail, from Smith Drive to River Forest Drive; within the City of Corpus Christi, Nueces County, Texas, said streets within the limits above described to be improved by the raising, grading, filling, widening, paving, repaving or repairing same and by the construction, reconstruction, repairing or realigning of concrete sidewalks, curbs, gutters, and driveways where the City Engineer determines adequate sidewalks, curbs, gutters and driveways are not now nstalled on proper grade and line, and by the construction of such storm sewersand drains, if any, together with all other necessary incidentals andappurtenances, all as deemed adequate by the City Engineer and as provided far in the plans and specifications for such improvements thereof as prepared by said City Engineer. That Ordinance No. 18666, passed by the City Council on the 29th day of January, 1985, provided that the amounts payable by the real and true owners of said abutting property shall be paid and become payable in one of the following methods at the option of the property owner 1. A11 in cash within thirty (30) days after completion and acceptance by the City or, 2. Payment 1n monthly installments not to exceed one hundred twenty (120) in number, the first of which shall be payable within thirty (30) days fromthe completion of said improvements and their acceptance by the City of Corpus Christi and one installment each month thereafter until paid, together with interest thereon at the rate of eight percent (8%) with the provision that any of said installments may be paid at any time before maturity by the payment of the principal and accrued interest thereon. Any property o r against whom and against whose property an e t has been n levied may pay the whole assessment chargeable to him withoutinterest within thirty (30) days after theacceptance and completion of said improvements. And said ordinance further provided that the amounts payable by the abutting property, and the real and true owners thereof shall constitute a first and prior lien onsuch abutting property and a personal liability of the real and true owners thereof. DEED RECORDS VCL 1955 ' ` 505 A hJu971 war2030 DEED RECORDS VOL 1955 W.E 506 Therefore, the City of Corpus Christi has caused this Notice to be filed by Dorothy Zahn, Acting City Secretary, a d tg _ he affictal seal of the Cly to be hereto affixed this the /$44_ day of 7i'lairve.! , 19 p CITY OF CORPUS CHRISTI By 40 Dorot y Zahn, A g ,ty Secretary THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, on this day personally appeared DOROTHY ZAHN, Acting City Secretary of the City of Corpus Christi, known to me to be the person whoseam e is subscribed to the foregoing instrument and acknowledged to that hesigned the same in her capacity as Acting City Secretary, for the purpose and consideration therein expressed, and as the act and deed of said City of Corpus Christi GIVEN UNDER MY HAND AND SEAL this the _ ° day of M IPQL , l9 r'1 to TERREESA R5itOOV?4 � 14R4 L2_ 210-/l Nueces PC unty/State of Texas �uxiYreiaxuFtt3� FILED FOR RECORD HA! 15 3000PPR''885 e MAR 15 1915 k4. me luU